Florida Third DUI Offense
Under Florida law, the third offense for driving under the influence (DUI) has mandatory punishments of heavy fines, jail sentences, driver’s license revocation, DUI School, and an ignition interlock device. A third DUI charge is enhanced if it takes place less than 10 years after the second DUI, the driver’s BAC is 0.15 or higher, or if a minor is in the vehicle at the time of the arrest. An enhanced third DUI has much harsher mandatory and discretionary penalties that can be imposed by the court.
Third Offense Penalties
A third DUI offense in Florida is considered a misdemeanor crime. However, if the offense occurs within 10 years of the second DUI, it is considered a felony of the third degree. The punishments imposed by the court are also harsher for a third DUI than a first or second offense, and the penalties for a felony enhanced third DUI are even more extreme.
Third Offense Fines
The court will impose a fine of no less than $2,000 and up to $5,000 for a third DUI conviction. If the offense is enhanced because of a BAC level of 0.15 or above, or because a minor is in the vehicle, the fine cannot be less than $4,000.
Third Offense Imprisonment
For a third DUI offense the court can order a jail sentence of up to one year. If the charge is an enhanced offense because it occurred less than 10 years after the second DUI, a mandatory minimum of 30 days in jail is imposed. In addition, at least 48 hours of the sentence must be consecutive.
Third Offense License Revocation
A third DUI offense comes with a minimum license revocation of 180 days, and if the third conviction occurs less than 10 years after the second, a license can be revoked for up to 10 years. Additionally, the license cannot be reinstated until after the completion of DUI School and any other probationary terms.
Third Offense DUI School
For a third DUI, the offender must complete the multi-offender Level II DUI School. The class includes 21 hours of lectures, class discussion, videos, and handouts. After the class a psychosocial interview evaluation must also take place that assesses whether additional treatment is necessary.
Third Offense Ignition Interlock Device
The court requires that for a third DUI conviction an ignition interlock device be installed in all of the offender’s vehicles for at least two years. This applies to regular and enhanced third DUI offenses. The device requires that the driver blow into the machine and checks the BAC level before starting the engine of the car.
Third Offense Probation
For a third DUI violation, the court can impose probation for up to one year. This involves reporting to a probation officer, possible drug and alcohol testing, and any other treatment that the probation officer sees fit.
Third Offense Vehicle Impoundment
If the third DUI took place within 10 years of the second offense, the court, as part of probation, will impound all vehicles owned by the offender for up to 90 days.
Let a Miami DUI Attorney Help
The penalties for a third DUI offense can place immediate, substantial hardship on your personal life, ability to work, and your family’s well being. If you or a loved one has been charged with a third DUI offense in the Miami or greater Florida area, speak with the legal professionals at The Law Office of Julia Kefalinos. Call the office at (305)856-2713 or contact us today for a confidential consultation of your case. We are here to prepare a strategic defense for you during this troubling time.